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(영문) 청주지방법원 제천지원 2016.04.21 2016고단77

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 1, 2016, the Defendant: (a) reported that a drunk person was frighting in the front of D on March 1, 2016, around 18:50, the Defendant: (b) in order to identify the personal information of the Defendant, F, and G, a police box affiliated with the Defendant, the police box, the police box, the police box, the police box, the police box, the police box of the 112, called the Defendant; (c)

The back-to-dates and opers entered into the cover "F," and assaulted F, G, the left side of which is f, G, and F, one time to the right side of F.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on-site investigations and crime prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. H’s self-statement;

1. A report on internal investigation (Attachment of photographs of damaged parts), a criminal investigation report, and a criminal investigation report (Attachment of On-site CCTV images);

1. CCTV video CDs;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment imposed on a person who has committed a crime with heavier punishment than that of a crime)

1. Selection of imprisonment with prison labor chosen;

1. The defendant and his defense counsel asserts that the defendant's mental and physical weakness claim as to Article 62 (1) of the Criminal Code of the Suspension of Execution (the conditions favorable to the reasons for sentencing as set forth below) should be mitigated on the ground that the defendant was under the mental and physical weakness by drinking only at the time of the crime in this case.

In light of the background and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s attitude of statement, etc. acknowledged by the evidence duly adopted and examined by the court, the Defendant was under the influence of alcohol to a certain extent at the time of the instant crime.

Even if so, there was a lack of ability to discern things or make decisions.

shall not be deemed to exist.

Defendant

This part of the defense counsel's assertion is not accepted.

Reasons for sentencing

1. The scope of applicable sentences under the law: Imprisonment of one month to five years.